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Scottish Court of Session Decisions >>
Dure of Gordon v His Vassals. [1686] Mor 6658 (00 February 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Mor1606658-063.html Cite as:
[1686] Mor 6658
A pursuer's title having been only a sasine, the charter was ordered to be produced.
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In a reduction at the instance of the Duke of Gordon against his vassals,
It was alleged for the defenders; No process, in respect the pursuer's title produced is but a sasine without a charter.
The Lords ordained the charter to be produced, and sisted process till that was produced.
It was thereafter alleged for the defenders, That the sasine being but an extract, and there being no precept of sasine in the charter, the precept ought to be produced; 2do, One of the defenders is minor, and non tenetur placitare; 3tio, The executions of the summons bear not the name of the dwelling-houses, where the defenders were cited; 4to, The executions are not stamped; 5to, The executions against the tutors and curators at the market-cross does not bear that a copy was left.
Answered ; The extract of the sasine is sufficient, and the precept needs not to be produced; 2do, Minor non tenetur placitare takes no place against the taking of terms in improbations; besides, there was improbation upon the same grounds commenced against the minor's father in his own lifetime, so as the father had occation to consider and consult his defences, and therefore the privilleges ought not to be sustained in this case; 3tio, The acts of parliament require not the dwelling-house to be named, although in hornings practice requires it, because of the great prejudice that may follow upon these, and for that charges of horning may he private; for improbations are publicly called from the bench; and it is only the first execution that is here quarrelled, for the second execution bears ‘personally apprehended ;’ 4to, The vestige of stamping appears, and the execution is old; 5to, Executions against tutors and curators need not bear the leaving of a copy, and yet, de facto, copies were left; nor is there place for this objection, seeing there is compearance for the defenders and their curators.
The Lords repelled the allegeances in respect of the answers.
Harcarse, (Improbation and Reduction.) No 566. p. 157.
